Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: DMARYL`S DEVELOPMENT ACADEMY
Judges: JEFF B. CLARK
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Aug. 12, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 1, 2004.
Latest Update: Dec. 24, 2024
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Revocation of Child Care Facility License LO "2
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STATE OF FLORIDA OS VE
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF:
A Civil Penalty Against
Daryl M. Mobley, Inc.
Dmary!’s Developmental Academy
1104 West 3” Street
Sanford, Florida 32771 DCF Dopartricnt Clark
ADMINISTRATIVE COMPLAINT 7 NV
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NATURE OF THE CASE
1. This case arises from the Respondent's failure to comply with Sections 402.301-
4C€2.319 et seq., Florida Statutes with respect to licensure requirements.
2. This.is an administrative action for imposition of civil penalties per known incident(s) of
occurrence as authorized in section 402.310, Florida Statutes.
3. Petitioner, State of Florida, Department of Children and Families is the administrative
agency of the State of Florida, charged with the duty to enforce and administer the provisions of
Chapter 402, Florida Statutes.
4. On January 2, 2004, the facility was notified by certified mail that Dmaryi's
Developmental Academy Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes
and 65C-22.003 (7){a), Florida Administrative Code in that documentation of your director
credential had not been provided to the Department. The facility was given 10 business days
from the date of the letter to provide documentation (a copy) of the director credential certificate
or training transcript. The facility was advised that failure to comply with documentation
requirements will result in the immediate issuance of a provisional license for a period not fo
exceed six months.
5. On January 16, 2004, the Department had not received documentation of the facility's
director credential, therefore the facility was issued a provisional license for the period January 2,
2004 through July 2, 2004. As part of the corrective action, the Department requested monihly
updates on the facility's progress towards earning a director credential or hiring a director with the
appropriate credential, fo be given to the licensing representative by mail or telephonically.
These updates were due by the 15" of each month.
6. On June 2,.2004, the facility was notified by certified mail advising the ‘acility of the
continued noncompliance and that documentation must be received by the Department or action
to revoke the provisional license will be initiated.
7. Additionally, the Department required signed acknowledgements of the director
credential requirement by owner/director, provided information regarding late course offerings
and conducted telephone surveys documenting progress toward compliance.
Therefore, you are hereby notified of the Department’s intent to revoke your license to
operate Dmary!’s Developmental Academy.
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04 AUG 12 AMIN: 40
This decision is based on the facility's failure to comply with s.402.305 (2)(f) and OC KF ae i
(7)(a), Florida Administrative Code, which state in part, respectively: BHINIS TRA ve ny
“By January 1, 2004, the (director) credential shall be a minimum
standard for licensing”.
“Pursuant to Section 402.305 (2)(f), Florida Statutes, every child
care facility director must have a director credential by
January 1, 2004, which consists of the foundational level or the
advanced level. As of January 1,2004, every applicant for a license
to operate a child care facility or a license for a change of ownership
of a child care facility must document that the facility director has a
director credential prior to issuance of the license to operate the facility”.
NOTICE OF RIGHTS
This decision constitutes final agency action unless a person who is substantially affected by it
submits a.written request for hearing that is received within twenty-one days from the date, on
which he or she first receives this notice. The request for hearing must also meet the
requirements of Section 120.562, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28-
106.301, Florida Administrative Code, or else it will be dismissed as required by Section
120.569(2)(c), F.S.
That law and those rules require the written request for hearing to include the following
information:
1. The name and address of each agency affected and each agency's file or identification
number if Known:
2. The name, address and telephone number of the person who is asking for the hearing
(the petitioner);
3. The name, address, and telephone number of the petitioner's representative, if any;
4. An explanation of how the petitioner's substantial interests are or will be affected by
the agency decision;
5. A statement of when and how the petitioner received notice of the agency decision;
6. A statement that the petitioner does not dispute the facts upon which the agency relied
but that it wants to exercise the right to be heard anyway OR a statement that the
petitioner does dispute the facts upon which the agency relied and a list of the facts
in dispute;
7. Aconcise statement of the facts as the petitioner perceives them to be, including the
specific facts set out by the agency that the petitioner wants the agency to reverse or
change; .
8. A statement of the specific rules or statutes that the petitioner believes requires the
agency to reverse or modify its decision; and
9. A statement specifying what action the petitioner wants the agency to take in the matter.
Failure fo request a hearing in writing and within the time frames required in this nctice or failure
fo provide the information required by the law and rules governing requests for Chapter 120
hearings constitutes a complete waiver of any right that a substantially affected serson may have
to challenge this decision.
The request must be received by the following persons at the following addresses on or before
twenty-one (21) days of the date on which this notice was first received by the person “equesting
the hearing:
Beryl Thompson-McClary
Licensing Attorney
Department of Children & Families
400 West Robinson Street, S-1106
Orlando, Florida 32801
Paul Flounlacker, Agency Clerk
Department of Children & Families
Office of the General Counse!
1323 Winewood Blvd., Bidg. 1, Suite 407
Tallahassee, FL. 32301
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
District Administrator or Desi
LAC ARIL
CERTIFICATION OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Certified Mail #, 7003 2260 0006 0141 4565, Return Receipt Requested, in
accordance with ss. 120.60(3), Florida Statutes, this 2nd day of July, 2004.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
District Administrator or Desig
Licensor
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Docket for Case No: 04-002816
Issue Date |
Proceedings |
Oct. 01, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 30, 2004 |
Letter to DOAH from D. Mobley regarding rescending request for hearing (filed via facsimile).
|
Sep. 17, 2004 |
Compliance with Order of Pre-hearing Instruction (filed by Petitioner via facsimile).
|
Sep. 03, 2004 |
Order of Pre-hearing Instructions.
|
Sep. 03, 2004 |
Notice of Hearing (hearing set for October 4, 2004; 9:00 a.m.; Orlando, FL).
|
Aug. 19, 2004 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Aug. 12, 2004 |
Initial Order.
|
Aug. 12, 2004 |
Request for Administrative Hearing filed.
|
Aug. 12, 2004 |
Administrative Complaint filed.
|
Aug. 12, 2004 |
Notice (of Agency referral) filed.
|